216Hearings

#### 216 Hearings (1) The Disciplinary Board may, at a meeting of the Disciplinary Board, hold a hearing for the purpose of the performance of its functions, or the exercise of its powers. (2) Subject to subsection (3), hearings shall take place in private. (3) If a person (other than the Commission) who is entitled to be given an opportunity to appear at a hearing requests that the hearing take place in public, the hearing shall, subject to any directions of the Disciplinary Board under subsection (5), take place in public. (4) The Disciplinary Board may give directions as to the persons who may be present at a hearing that is to take place in private. (5) Where, at a hearing that is taking place in public at the request of a person, the Disciplinary Board is satisfied that it is desirable to do so by reason of the confidential nature of any evidence or matter or in order to protect the interests of any other person, the Disciplinary Board may: (a) direct that a part of the hearing take place in private and give directions as to the persons who may be present; or (b) give directions preventing or restricting the publication of evidence given before the Disciplinary Board or of matters contained in documents lodged with or produced to the Disciplinary Board. (6) Nothing in a direction given by the Disciplinary Board under subsection (4) or paragraph (5)(a) prevents the presence at a hearing of: (a) a person representing the Commission pursuant to subsection 218(3); (b) a person who is entitled to be given an opportunity to appear at the hearing; (c) a person representing, pursuant to subsection 218(3), a person referred to in paragraph (b); or (d) a person representing, pursuant to subsection 218(3), a person who, by reason of a direction given by the Disciplinary Board under subsection (4), or paragraph (5)(a), of this section is entitled to be present at the hearing. (7) Where the Disciplinary Board directs that a hearing or part of a hearing take place in private, a person (other than the Chairperson, a member, or a member of the staff of the Disciplinary Board approved by the Disciplinary Board) shall not be present at the hearing unless he or she is entitled to be present by virtue of the direction or by virtue of subsection (6). Penalty: 10 penalty units or imprisonment for 3 months. (8) Where the Disciplinary Board is required to give a person an opportunity to appear at a hearing, the Disciplinary Board shall appoint a day, time and place for the hearing and cause notice in writing of the day, time and place to be given to the person. (9) A person who is entitled to be given an opportunity to appear at a hearing and who does not wish to appear at the hearing may, before the day of the hearing, lodge with the Disciplinary Board in writing any submissions that he, she or it wishes the Disciplinary Board to take into account in relation to the matter. (10) The Disciplinary Board shall take into account a submission made to or lodged with, or evidence adduced before, the Disciplinary Board when making any decision on the matter to which the submission or evidence relates.